PIERRE, S.D. – A bill aimed at cracking down on fentanyl dealers in South Dakota passed the Senate Judiciary Committee on Thursday, but not without significant changes that softened its penalties.
House Bill 1230, originally modeled after Florida legislation, initially imposed strict mandatory fines and lengthy prison sentences for individuals caught with four milligrams or more of fentanyl. Under the original proposal:
- Possession of 4 to fewer than 14 milligrams would have carried at least three years in prison and a mandatory $50,000 fine.
- Possession of 14 to fewer than 28 milligrams would have resulted in at least 15 years in prison and a $100,000 fine.
- Possession of 28 milligrams or more would have meant at least 25 years behind bars and a $500,000 fine.
However, an amendment removed all mandatory fines and reduced sentencing requirements. The revised bill now mandates three years in prison for possession of four to fewer than 14 milligrams and 10 years for possession of 14 or more milligrams.
Representative John Hughes, the bill’s prime sponsor, said he supported the amendment out of concern that the stricter version wouldn’t pass in South Dakota. Hughes also told the committee Kelcy’s Orr’s story. Hughes, an attorney, helped the Orrs adopt Kelcy. Emily’s Hope has featured her parents, who have shared how Kelcy died, after getting a pill that she thought was Percocet.
Several law enforcement officials testified in favor of the bill, emphasizing the deadly impact of fentanyl in the state.
“It’s very necessary. We had eight people who died from fentanyl poisoning just in our county last year,” said Minnehaha County Sheriff Mike Milstead.
Milstead noted that most fentanyl in South Dakota originates from criminal organizations in China and Mexico. He added that fentanyl seizures have reached unprecedented levels, with the Sioux Falls Area Drug Task Force confiscating more than 5,100 grams in 2023.
“Remember that it only takes two milligrams for a lethal dose,” Milstead said.
During the hearing, one lawmaker asked Milstead whether President Donald Trump’s new border policies would reduce fentanyl trafficking.
“I’d love to be optimistic, but we need laws like this because drug cartels are big business,” Milstead said. “They understand that in a relatively small space, you could store a ten-year supply of fentanyl. When the border is shut down and secure, there’s still enough here to poison the country several times over.”
The lone opposition to the bill came from attorney Cash Anderson, who represents the South Dakota Association of Criminal Defense Lawyers. Anderson said his opposition is much softer given the amendment, but he remains against mandatory minimums.
Because the Senate amended the bill, it will now go to a conference committee, where lawmakers will seek agreement between the House and Senate versions. The original bill had previously passed the House Judiciary Committee.